John Melvin v CNY Construction Management Inc.

Motion No: M-5322

Slip Opinion No: 2018 NYSlipOp 89892(U)

Decided on December 4, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 4, 2018

John Melvin,

Plaintiff-Respondent,

v

CNY Construction Management, Inc.,

et al., Defendants-Respondents. - - - - - - - - - - - - - - -

CNY Construction Management, Inc.,

Third-Party Plaintiff-Respondent,

v

ALBA Carting & Demolition, Inc.,

Third-Party Defendant-Appellant.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about April 2, 2018, Now, upon reading and filing the stipulation of the parties hereto, dated October 16, 2018, and due deliberation having been had thereon, It is ordered that the appeal, previously perfected, is withdrawn in accordance with the aforesaid stipulation. ENTERED: December 4, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-5322

Index No. 158163/13